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Article • June 28, 2010 • from P&J June, 2010
Dillon v. U.S., No. 09-6338 (U.S. Supreme Court) (560 U.S. 817; 130 S.Ct. 2683) (June 17, 2010) (Justice Sotomayor) by Here, over a strong dissent by Justice Stevens, the Court held that, notwithstanding it ruling in U.S. v. Booker, the Federal Sentencing Guidelines are binding in sentencing modification rehearings held …
Article • October 1, 2009 • from P&J October, 2009
U.S. v. Main, No. 08-4088-cr (2nd Cir.) (579 F.3d 200) (August 27, 2009) (Judge John M. Jr. Walker) by In a drug prosecution, a denial of defendant's motion for a reduction of sentence is affirmed where the district court lacked authority to reduce defendant's sentence under 18 U.S.C. § 3582(c), …
Article • July 1, 2009 • from P&J July, 2009
U.S. v. Bundy, No. Crim. No. 95-CR-46 (RCL) (D.D.C.) (613 F.Supp.2d 35) (May 8, 2009) (Judge Royce C. Lamberth) by This is another in the recent flood of cases by defendants convicted of crack-cocaine crimes who are seeking a resentencing based on Guideline Amendments 706 and 711 (which lowered, retroactively, …
Article • July 1, 2009 • from P&J July, 2009
U.S. v. Jackson, No. 08-30231 (9th Cir.) (577 F.3d 1032) (August 14, 2009) (Judge A. Wallace Tashima) by Ordinarily, a district court may not modify a sentence once it has been imposed. (See 18 U.S.C. § 3582(c)). However, an exception exists "in the case of a defendant who has been …
Article • February 1, 2009 • from P&J February, 2009
U.S. v. McGee, No. 08-1619-cr (2nd Cir.) (553 F.3d 225) (January 23, 2009) (Per Curiam) by In conviction of defendant-career offender who was granted a departure for sentencing, denial of defendant's motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2) and the so-call crack amendments is vacated and …